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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 12, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Special Event Request – Muskegon Bike Time 2013. PLANNING &
ECONOMIC DEVELOPMENT
C. Implementation of Police Command Contract Retirement Changes.
FINANCE
D. Water Filtration Plant Sodium Hypochlorite Feed Pump Replacement.
PUBLIC WORKS
E. Consideration of Bids for Sanitary Sewer Lining (S-663). ENGINEERING
F. Lynx Network – Request for Permit under METRO Act. ENGINEERING
G. Water Treatment Plant Sluice Gates Repair. WATER FILTRATION
H. State of Michigan Public Act 399 Reliability Study. WATER FILTRATION
PUBLIC HEARINGS:
A. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Special Event Request – Lakeshore Art Festival. PLANNING &
ECONOMIC DEVELOPMENT
B. Grant Application for Sanitary Sewer Evaluation. ENGINEERING
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD dial 7-1-1 to request a representative to dial (231) 724-6705.
Date: March 12, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the February 26th
City Commission Meeting and the February 28th Special City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 26, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 26,
2013.
Mayor Gawron opened the meeting with a prayer from Pastor Tim Cross from
the Living Word Church of Muskegon after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Sue Wierengo, Byron Turnquist, and Lea
Markowski, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2013-14 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the February 8th Goal Setting
Session, February 11th Commission Worksession Meeting, and the February 12th
City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Approval of Building Contract for 553 Octavius. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To award the Abatement and Building Contract for the
rehabilitation of 553 Octavius to Build-Right Construction for the City of
Muskegon’s Homebuyers Program through Community & Neighborhood
Services. Six bids were received, and the cost estimate from our spec writer was
$121,150.
FINANCIAL IMPACT: The funding for this project has been secured through the
HOME program 2012 grant allocation.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To award Build-Right Construction the contract for
553 Octavius for the Community & Neighborhood Services office.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the Consent Agenda with the exception of Item C.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
Gawron
Nays: None
MOTION PASSES
2013-15 ITEM REMOVED FROM THE CONSENT AGENDA:
C. Transportation Resolution. CITY MANAGER
SUMMARY OF REQUEST: To approve the Transportation Resolution, a Michigan
Municipal League initiative, expressing the immediate need to fund the repair of
Michigan’s roads and transportation systems to help make Michigan
communities vibrant in the 21st century.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
approve the Transportation Resolution.
ROLL VOTE: Ayes: None
Nays: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
MOTION FAILS
2013-16 NEW BUSINESS:
A. Request to Amend the Planned Unit Development for the Terrace Point
Properties – 650 Terrace Point. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Planned Unit Development
(PUD) at the Terrace Point Drive properties, specifically the parcel at 650 Terrace
Point Drive, by Terrace Point Landing, LLC. The original PUD was approved in
1989 for a project that included the hotel, marina, restaurant, public access to
the waterfront and condos. The condos were the only part of the project that
were not completed. This amendment would be to utilize this property for single
family homes.
FINANCIAL IMPACT: None.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the amendment to
the PUD.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
approved recommendation of the amendment at their February 14th meeting.
Willie Parker absent.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the request to amend the Planned Unit Development for the Terrace Point
Properties at 650 Terrace Point.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
B. 2013-2014 City Commission Goals. CITY MANAGER
SUMMARY OF REQUEST: To approve the list of goals for 2013-2014. This list is the
result of the goal setting session held on February 8, 2013.
FINANCIAL IMPACT: Unknown at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the list of goals.
COMMITTEE RECOMMENDATION: The City Commission met on February 8, 2013,
and identified the list of goals for 2013-2014.
Motion by Commissioner Markowski, second by Commissioner German to
approve the list of goals for 2013-2014.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
German
Nays: None
MOTION PASSES
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1275 Allen Avenue
665 Allen Avenue (Area 11)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
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demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Hood, second by Vice Mayor Spataro to concur with
the Housing Board of Appeals notice and order to demolish 1275 Allen Avenue
and 665 Allen Avenue.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
Wierengo
Nays: None
MOTION PASSES
2013-17 ANY OTHER BUSINESS: Mayor Gawron commented on the Sappi
property.
Motion by Vice Mayor Spataro, second by Commissioner Markowski to have the
City explore appropriate zone or zones at property known as Sappi and consult
with existing owner as part of the process.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
Turnquist
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:08 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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CITY OF MUSKEGON
SPECIAL
CITY COMMISSION MEETING
February 28, 2013
5:30 p.m.
City Commission Chambers
MINUTES
2013-18
Present: Commissioners Gawron, Spataro, Hood, German, Turnquist, and Markowski.
Absent: Commissioner Wierengo.
City Manager Position.
The City Manager, Bryon Mazade, has announced his plans to retire effective October 1, 2013.
A Special Commission Meeting was called to discuss filling the position.
Motion by Commissioner Turnquist, second by Vice Mayor Spataro to seek outside help
through an RFP to professional search organizations or the MML for purposes of selecting
an agency to assist in selecting a new City Manager.
ROLL CALL VOTE:
Ayes: Spataro, German, Turnquist, Markowski, Gawron, and Hood.
Nays: None.
MOTION PASSES
Adjournment.
Motion by Commissioner Hood, second by Commissioner Spataro to adjourn at 6:08 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY COMMISSION MEETING DATE
March 12, 2013
Date: February 11, 2013
To: Honorable Mayor and City Commissioners
From: Cathy Brubaker-Clarke, Director of Community &
Economic Development
Re: Special Event Request – Muskegon Bike Time 2013
SUMMARY OF REQUEST: Family Events has filed a special event application for the
annual Bike Time festival in downtown Muskegon to be held on July 18, 19, & 20, and 21,
2013. Portions of their request require City Commission approval, including some items
that are new for 2013, and some that are the same as in past years. See attached sheet for
details on those requests (waiver of equipment rental fees, use of Bike Time’s own labor
pool when possible, extended beer tent hours, and variation from street closure times
allowed per the special event policy)
FINANCIAL IMPACT: Request that equipment rental fees be waived.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: As in past years, it is recommended that staff be allowed
to make the final decision regarding rental fees and actual costs to be coordinated through
the City Manager. In addition, staff recommends that if Bike Time picks up items such as
picnic tables, bleachers, and trash cans for distribution at the proper locations, there will be
no equipment rental charge to Bike Time. This must first be approved by and coordinated
through City staff. It is also recommended that City staff review staffing levels for City
personnel with the Bike Time staff, with the City making the final decision on the number of
City staff needed for the event.
Regarding street closures, staff recommends approval with the condition that Bike Time
notify affected downtown businesses of the dates and times of street closures and the date
and time that No Parking restrictions go into effect on those streets.
COMMITTEE RECOMMENDATION: N/A
MUSKEGON BIKE TIME City Commission item (page 2)
New Requests for 2013:
Closing time for beer gardens - Request to keep the three beer gardens open until 12:00
a.m. with alcohol service ending at 11:30 p.m. instead of 11:00 p.m. on Thursday, Friday
and Saturday nights. They will shut the music off at 11:00 p.m. This will give patrons extra
time to leave the tents before they close, without having a mass exodus at 11:00 when the
music ends.
Requests requiring Commission approval that are the same as in past years:
• Street closures -- Bike Time requests permission to close certain street intersections in
the downtown area one day earlier than allowed in the special event policy, so that they
can work on event/tent set-up. They would like to close the intersections listed below
starting at noon on Wednesday, July 17 (instead of waiting til Thursday evening, July
18). The tents at these locations are large and will take some time to set up:
o Intersection of 6th Street and Western Avenue
o Intersection of 4th Street and Western Avenue
o Intersection of 2nd Street and Western Avenue
In order to minimize disruption to downtown businesses, Bike Time will keep Western
Avenue open on Thursday for limited business traffic. They will also leave the alley open off
the side streets south of Western Avenue.
No Parking signs will be put up on Wednesday, prohibiting parking after midnight on
Western Avenue (midnight on Wednesday night/Thursday morning). The Police
Department will not ticket vehicles parked on Western Ave. that are there for the businesses
that stay open past midnight on Wednesday (Mike’s Inn, Club Envy, Racquets, etc).
Bike Time will send letters to all homes/businesses on the affected streets, notifying them of
the street closure dates/times, and also when the No Parking signs will go up.
• Equipment rental fees and labor costs -- Bike Time has requested the waiver of some
City equipment rental fees. They have also requested to use their own labor pool rather
than City employees whenever possible. (see staff recommendation on page 1)
Date: March 12, 2013
To: Honorable Mayor and City Commissioners
From: Finance Department
RE: Implementation of Police Command Contract Retirement Changes
SUMMARY OF REQUEST: The City Commission recently approved the 2013-14
contract settlement with the Police Command Unit. To fully implement the retirement
provisions of this contract there are some additional steps required by MERS:
1. Step One: Close the Police Command Unit’s defined benefit (DB) pension plan to
new members. MERS allows each employee division to have only one open
retirement plan. All new hires into the City are covered by a defined contribution (DC)
plan so, over time, the DC plan will become the Command Unit’s dominant retirement
plan that will be open.
2. Step Two: Adopt the attached Employer Resolution Establishing Uniform Transfer
Provision. This will allow promoting patrol officers who currently have a DB pension
benefit to go into the Command Unit’s DB plan even though it is “closed”. Note: this
resolution will also apply to other situations in the City where an employee may go
from one unit to another. For example, in the past we have had Clerical Unit
employees become police officers or non-union employees. This is not common, but
does occur.
3. Step Three: Adopt the attached MERS Restated Uniform Defined Contribution
Program Resolution and MERS Restated Defined Contribution Plan Adoption
Agreement that provide for a new defined contribution (DC) retirement plan for the
Police Command unit. This new plan has the same benefit levels as the current
Police Patrol DC plan (6% employee contribution; 10% employer contribution).
Promoting patrol members who currently have a DC retirement benefit will go into this
new plan.
The net result of these changes will be to provide the mechanisms needed to implement
contract language that provides: “Effective January 1, 2013, all Patrol Unit members
entering the Command Unit shall keep their pension and retirement packages from the
Patrol Unit.”
FINANCIAL IMPACT: No new financial impact on the City.
BUDGET ACTION REQUIRED: None at this time. Future budgets will reflect the
changes made here.
STAFF RECOMMENDATION: Approval of the steps outlined above and
authorization for staff to execute documents needed to make this change.
COMMITTEE RECOMMENDATION: None.
EMPLOYER RESOLUTION ESTABLISHING
UNIFORM TRANSFER PROVISION
WHEREAS, the City of Muskegon
____________________________________________ is a participating
municipality or court in the Municipal Employees' Retirement System of Michigan ("MERS"); and
WHEREAS, the Standard MERS Transfer Rules became effective in August 2007; and
WHEREAS, under the Standard Rules, all transferees to a new division are covered under the
active employee plan in the new division; where the defined benefit plan in the new division is closed
to entrants, the accrued defined benefit (based on benefits, service and wages as of transfer date) of
transferees is frozen as of transfer date.
WHEREAS, pursuant to Retirement Board action on November 10, 2010, the employing
municipality or court will be allowed, on a one-time irrevocable and uniform basis, to adopt for all its
MERS divisions (present and future) an alternate policy which allows all transferred employees an
individual choice at the time of transfer to either be placed in: (1) the division’s open plan, or (2) the
closed plan if it is the same plan type, provided there are active employees remaining in the plan type.
WHEREAS, this alternate transfer provision applies to transferred employees only; rehired
employees will continue to be enrolled into the active plan; and
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NOW THEREFORE BE IT RESOLVED, that effective ________________ 1st, 20___,
April
the Governing Body adopts this Resolution (or for a participating court, the Chief Judge by
Administrative Order) for all present and future employee divisions requiring that all transferred
employees (select only one):
shall be covered under the active employee plan in the division they are transferred into.
✔ shall be given the individual choice to either be placed in the open plan or the closed
division if it is the same plan type (in the division from which the employee is transferred
from) provided there are active employees remaining in the closed plan type.
CERTIFICATION FOR PARTICIPATING MUNICIPALITY OR COURT
I hereby certify that this Resolution was adopted by (check one):
✔ The Governing Body of the City of Muskegon
______________________________ at its meeting held
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March 12
on ____________________, 20___.
Administrative Order No. __________ adopted by the Chief Judge of the
_____________________________, on ____________________, 20___.
(Signature of Authorized Official)
City Clerk
(Title)
Page 1 of 2
F94 ER Resol unif transfer 3-24-11
Example Scenarios of the Uniform Transfer Rules
Example 1
The City of Tree has two divisions: Division 01 has the MERS Defined Benefit Plan with a
2.0% multiplier. Division 99 converted from the MERS Defined Benefit Plan with a 2.25%
multiplier to the MERS Defined Contribution Plan in 2000. Thus for division 99 the Defined
Contribution Plan is the open plan, and the Defined Benefit Plan is the closed plan. However
in this scenario the City of Tree still has active employees that are covered under the closed
Defined Benefit Plan in division 99.
Under Standard Transfer Rules Transfer Rules with Employee Choice
John transfers from division 01 to division 99. John transfers from division 01 to division
Under the standard rules he would go into the 99. Under the alternative rules, he would
active plan, which is the Defined Contribution receive the choice to either join the closed
Plan. John’s accrued pension earned under the division with the same plan type (Defined
previous Defined Benefit Plan would be Benefit) having active employees, or he could
frozen and he would be enrolled in the freeze his accrued pension and enroll in the
Defined Contribution Plan moving forward. open Defined Contribution Plan. If John
chooses to enroll in the closed Defined
Benefit Plan, then his entire accrued pension
earned under the previous Defined Benefit
Plan with the 2.0% multiplier would be
transferred to the closed Defined Benefit Plan
with the 2.25% multiplier (all defined benefit
service applied to 2.25% multiplier).
Example 2
The City of Tree has two divisions: Division 01 has the MERS Defined Benefit Plan with a 2.0%
multiplier. Division 99 converted from the MERS Defined Benefit Plan with a 2.25% multiplier
to the MERS Defined Contribution Plan in 2000. Thus for division 99 the Defined Contribution
Plan is the open plan, and the Defined Benefit Plan is the closed plan. However in this scenario
the City of Tree has NO active employees under the closed Defined Benefit Plan in division 99.
Under Standard Transfer Rules Transfer Rules with Employee Choice
John transfers from division 01 to division 99. John transfers from division 01 to division 99.
Under the standard rules he would go into the He does not receive the choice to enroll in the
active plan, which is the Defined Contribution closed Defined Benefit Plan however, because
Plan. John’s accrued pension earned under the there are NO active employees in the closed
previous Defined Benefit Plan would be frozen plan. John’s accrued pension earned under the
and he would be enrolled in the Defined previous Defined Benefit Plan would be
Contribution Plan moving forward. frozen and he would be enrolled in the open
Defined Contribution Plan moving forward.
F94 ER Resol unif transfer 3-24-11 Page 2 of 2
Print Resolution
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This Resolution, together with Section 19A of the MERS Plan Document and the MERS Defined
Contribution Plan Adoption Agreement, constitute the entire Benefit Program DC (“MERS Defined
Contribution Plan”) Plan Document.
WHEREAS, the MERS Plan Document of 1996, effective October 1, 1996, authorized a defined
contribution option (Section 19A, Benefit Program DC) as a new benefit program that a participating
municipality or participating court (“court”) may adopt for MERS members to be administered under the
discretion of the Municipal Employees’ Retirement Board as trustee and fiduciary, directly by (or through a
combination of) MERS or MERS’ duly-appointed third-party administrator.
WHEREAS, as a new provision, Section 19A, along with the remainder of the Plan, received from the
Internal Revenue Service a Letter of Favorable Determination (dated July 8, 1997, with most current Letter
dated June 15, 2005) that the Plan is a qualified Plan under Section 401(a) of the Internal Revenue Code,
and an exempt trust under Section 501(a).
WHEREAS, Benefit Program DC became operational in August 1997, following the July 8, 1997, Letter
of Favorable Determination.
WHEREAS, this Restated Uniform Resolution has been approved by the Board under the authority of
2004 PA 490 (amending 1996 PA 220), Section 36(2)(a); MCL 38.1536(2)(a), declaring that the Retirement
Board “shall determine . . . and establish” all provisions of the retirement system. Under this authority, the
Board authorized Section 19A, the Benefit Program DC, which shall not be implemented unless in strict
compliance with the terms and conditions of this Restated Resolution.
• It is expressly agreed and understood as an integral and nonseverable part of this Restated
Resolution that Section 43B of the Plan Document shall not apply to this Restated Uniform
Resolution and its administration or interpretation.
• As provided in Plan Document Section 19A(2), in the event any alteration of the terms or conditions
stated in this Restated Uniform Resolution is made or occurs, under Section 43B or other plan
provision or other law, it is expressly recognized that MERS and the Retirement Board, as sole
trustee and fiduciary of the MERS Plan and its trust reserves, and whose authority is nondelegable,
shall have no obligation or duty: to administer (or to have administered) the Benefit Program DC;
to authorize the transfer of any defined benefit assets to the Benefit Program DC; or to continue
administration by MERS (or any duly-appointed third-party administrator).
WHEREAS, concurrent with this 2010 Restated Resolution, and as a continuing obligation, this governing
body has completed and approved, and submitted to MERS documents necessary for adoption and
implementation of the MERS Benefit Program DC.
NOW, THEREFORE, BE IT RESOLVED that the governing body adopts MERS Benefit Program DC as
provided below.
Page 1 of 6
Form MD-069 (version 2011-01-31)
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